□uKe  University  Libraries 

Message  of  the 
Conf  Pam  #295 


MESSAGI-:  OF  THE  PKESIDENT, 

VKIoiXi;   TliK  IsTl.J,  (.>.  Jii!)    Jo   I MH ICASK  Tllli;    FTIIENlJTll  ASU   KKJICIKMV 

(tK  iir.wv  >.i;'ni.).Fi;v  y<ii!  .--ka  (<iA>r  iiij-knck. 


To  lie  Scnnfc  of  the  ConjhUiatr   Slaiis : 

1  regret  that  a  sen^^c  of  duty  compels  me  to  vetuni  to  you  Avitli  inv 
objections,  an  net  ^^]liell  ori<riii!»te(l  in  the  Seriate,  entitled  '■  An  act  to 
increase  the  strength  and  cHieieney  of  hen\y  artillery  fur  sea  coast 
defence." 

This  act  selects  fioni  the  provisional  army  a  particular  re<5imcnt, 
Jvnown  as  the  hrst  regiment  of  South  Carolina  infantrj',  and  directs 
iluit  it  shall  hereafter  be  known  as  the  second  regiment  of  South 
Carolina  artillery,  an»l  shall  have  the  same  organization  as  is  now  al- 
loAved  by  law  to  the  first  regiment  of  South  Carolina  artillery. 

It  next  directs  that  the  iirst  and  second  regiments  of  South  Caro- 
lina ai'tillery  shall  bo  increased  to  twelve  companies  each,  and  that 
the  coujplement  of  a  company  shall  be  one  hundred  and  twenty-five 
enlisted  men. 

The  objections  eritertaincd  to  these  proxisions  are  grave,  and  I 
submit  iheiu  as  succinctly  as  possible. 

1.  ^rhe  organization  of  artillery  into  regiments,  is  subject  to  great 
inconvenience  and  impairs  the  eiliciency  of  that  important  arm  of  the 
service. 

IJotli  in  tlie  regular  and  the  pro\  isional  army,  the  organization  of 
the  artillery  is  a  corps,  composed  of  batteries,  the  commander  of  a 
battery  being  a  caj)tain,  and  the  men  being  formed  into  companies. 
This  organization  applies  to  both  heavy  or  siege  and  field  artillery, 
and  experience  has  shown  it  to  be  more  efficient  than  the  organization 
into  regiments. 

L'nder  the  law,  as  it  now  exists,  the  exact  number  of  battcrries  re- 
quired at  any  [loint,  can  be  ordere<l  there,  aiul  an  officer  of  such  rank 
as  is  appropriate  to  the  number  of  guns,  is  assigned  to  their  command. 
It  is  thus  in  the  power  of  connuanders  to  assign  officers  to  fhe  duties 
for  which  they  aie  most  competent,  some  having  greater  merit  in 
heavy,  and  otheis  in  light  artillery.  The  system  has  worked  exceed- 
ingly well,  and  I  should  greatly  i egret  to  see  it  changed  or  impaired 
by  exceptions.  If  the  organization  by  regiments  be  better,  it  ought 
to  be  adopted  for  the  whole  artillery  service.  If  not,  why  should  the 
exceptions  to  a  good  system  be  increased  in  number  ? 


Where  the  organization  is  uniform  tlirougliout  the  service,  llie 
troops  are  better  satisfied,  and  the  administration  of  the  army  is  much 
morQ  easy  and  efficient.  Where  there  are  exceptions,  there-  is  con- 
stant effort  on  tlie  part  of  the  men  to  chanixe  from  one  organization 
to  another,  discontent  is  engendered,  and  omharrassments  arise  in 
administration. 

It  rarely  occurs  that  the  service  of  artillery  is  required  at  one  point 
to  the  number  of  ten  or  twelve  companies.  The  e.xigcijcies  of  the 
service  will  require  that  these  regiments,  (if  organized  as  contem- 
))lated  in  the  bill  now  returned  to  you.)  shall  be  broken  into  detach- 
ments, and  the  field  officers,  in  such  event,  would  be. in  comman<l  of 
fractions  not  proportional  to  their  rank. 

The  first  regiment  of  South  Carolina  artillery  was  organized  by 
the  State  before  the  formation  of  the  Confederacy,  and,  when  it  was 
transferred  to  this  government,  it  was  necessarily  accepted  with  the 
existing  organization  ;  but  that  organization  was  exceptional  and  ob- 
Jectionab'e  for  the  reasons  already  stated.  It  has  been  retained  in 
Fort  Sumter,  which  is  one  of  the  points  where  such  an  organization 
is  least  detrimental  to  the  service,  but  no  satisfactory  reason  is  per* 
ceived  for  augmenting  the  number  of  companies  of  which  it  is  com- 
posed, or  for  the  organization  of  another  regiment. 

The  first  regiment  of  South  Carolina  infantry,  ov  a  part  of  it,  I  am 
informed,  has  been  ai-signed  to  duty  and  has  received  instruction  iik 
the  artillery  sfcrvice,  and  can  be  so  employed  without  the  passage  of 
the  act  in  ([uestion,  as  long  as  the  exigencies  (if  the  service  may  re- 
quire. It  still  remains,  however,  infantry,  and  could,  in  case  of  ne- 
cessity l)e  used  as  such  in  the  field.  Tf  the  act  should  become  a  law, 
this  advantage  would  be  lost  without  any  apparent  compensating 
benefit. 

JI.  The  act  seems  to  me  objectionable  as  being  special  legislation. 
It  is  well  known  that  the  artillery  service  is  very  generally  pre- 
ferred by  our  troops  to  infantry  service.  It  is  believed  that  there 
would  be  little  difficulty  now  in  raising  a  regiment  of  artillerists  from 
'  citis^ens  exempt  from  conscription,  while  such  is  not  the  case  with  in- 
fantry. If  the  example  be  once  set  of  converting  regiments  of  in- 
fantry into  artillery,  it  needs'  little  foresight  to  predict  that  Congress 
will  be  beset  with  applications  for  such  change  from  regiments  now 
serving  as  infantry,  and  claims  will  be  sent  forward  for  equal  favors 
in  each  of  the  States.  Wherever  siege  artillery  is  I'jquired,  the  <le- 
legations  of  the  different  States  will  naturally  expect  and  apply  for  a 
grant  of  the  same  fa\or  to  some  infantry  regiment  from  their  State, 
and  this  result  would  be  far  from  conducive  to  the  discipline  of  the 
army  and  the  good  of  the  service. 

There  are  now  numbers  of  our  citizens  who,  after  having  volun- 
teered in  the  infantry,  have  been  found  too  feeble  in  constitution  to 
withstand  the  fatigue  and  exhaustion  of  the  rapid  movements  on 
which  the  success  of  our  military  operations  depends.  Such  soldiers 
•would  deem  it  a  great  favor  to  be  transferred  to  the  service  of  heavy 
ariilleiy  i'or  wliicli  they  would  bewell  fitted;  and  their  claims  f  )r  this 
favorite  service  appear  to  be  belter  founded  than  those  of  the  enlisted 
m.cn  of  the  inf-.ntrv  resrimtnt  dcsi'iiiated  in  tlie  act. 


If  tlic  pnrpo?e  of  tic  act  1)C,  ar-  it  apparently  is!,  to  proviilo  for 
l-\vcnty  lour  companies  of  artillerists  to  serve  to.LTcthcr,  tlie  conimnnd 
of  these  companies  would  be  of  sullioicnt  importance  to  require  the 
appointment  of  a  llrigadier  General  to  command  them,  and  it  is  feared 
that  sncli  special  legislation,  without  apparent  necessity  for  one  State, 
Avould  1)0  made  the  precedent  for  similar  demands  from  other  States, 
ill  us  leading  to  consequences  which  did  not,  perhaps,  suggest  them- 
selves to  Congress  when  the  bill  received  its  assent. 

III.  It  is  finally  suggested,  for  the  consideration  of  Congress 
whether  some  of  the  provisions  of  this  bill  are  not  ej^uivalcnt  to  the 
exercise  of  the  Executive  functions  by  the  legislative  department  of 
the  government,  and  therefore  an  infringement  of  the  princi]des  of 
the  Constitution  Avhich  so  carefully  soperatethc  duties  of  these  diiTei'- 
ent  departments. 

Congress  has  power  to  "  mahe  rnks  for  the^ovcrnmcut  and  regula- 
lion  of  the  land  and  naval  forces"  as  v.ell  as  to  "■  raise  armies." 

Tndcr  these  powers  Congress  could  undoubtedly  order  ihe  raising 
of  regiments  of  artilJerv  for  sea-coast  defence,  and  bv  change  of  or- 
gani/ation  direct  that  a  certain  number  of  regiments  of  infantry  be 
converted  into  artillery.  ]5ut  such  is  not  the  bill  under  discussion. 
Congress,  in  that  bill,  orders  a  specihed  regiment  to  be  employed  for 
sea  coast  defence. 

If  this  be  a  legitimate  exercise  of  legislative  power,  ('ongress  can, 
of  couise,  select  ether  regiments  and  order  them  to  the  defence  of  the 
Indian  country,  and  select  again  other  regiments  and  order  them  to 
bo  sent  to  the  Tennessee,  the  Virginia,  or  tlie  I'exian  frontier. 

Such  orders  seem  to  mc  purely  executive.  'They  have  hitherto 
been  made  through  the  Adjutant  Ceneral  of  the  army,  and  it  requires 
but  little  rellcction  to  perceive  that  the  exercise  of  such  powers  by 
Congress  withdraws  from  the  Executive  the  authority  indispeusaVilo  to 
the  fulfilment  of  his  functions  as  commauiler-in-ehicf. 

These  reasons  have  appeared  to  my  mind  decisive  of  tlie  question, 
and  1  therefore  respectfully  return  them  to  the  Senate  as  those  whick 
have  prevented  my  approval  of  the  act  which  is  also  hcrev.ith  re- 
turned. 

JEFFEIJSOX  DAVIS. 

RiciiMONu.  A'.v.,  ^[areh   31.  1863. 


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